Admissibility of Character Evidence and Provisions for Vulnerable Witnesses

These flashcards cover key terminology and concepts related to the admissibility of character evidence and the provisions for vulnerable witnesses within the context of sexual offenses, as discussed in the lecture notes.

Character Evidence

A type of evidence that demonstrates a person's past behavior or character traits to support or undermine their credibility in a trial.

Probative Value

The value of evidence in proving something relevant to the case, such as supporting the guilt or innocence of the accused.

Prejudicial Effect

The potential for evidence to unfairly sway a jury against a party in a case, often based on irrelevant or collaterally related character issues.

Balancing Test

A legal standard used to weigh the probative value of evidence against its prejudicial effect to determine its admissibility.

Rape Shield Law

Legislation that limits the ability to introduce evidence about a victim's sexual history or character in sexual assault cases.

Credibility vs. Reliability

Credibility refers to whether a witness is truthful, while reliability pertains to the accuracy and dependability of their testimony.

Deemed Vulnerable Witness

A witness in specified sexual offences who is considered vulnerable due to the nature of the crime or other factors.

Common Law

Law derived from judicial decisions and precedents rather than statutes, which influences the development of statutory law.

Moorov Doctrine

A legal principle allowing evidence from one crime to corroborate another, based on systematic conduct or similarity of offenses.

Lord Advocate's Reference

A procedure whereby the Lord Advocate refers a legal point to the High Court for its opinion, impacting future cases.

Reverse Burden of Proof

A legal principle where the burden of proving an issue shifts to the accused, potentially violating the presumption of innocence.

Hearsay Evidence

Testimony given in court about what another person said outside of court, which is usually inadmissible unless it falls under certain exceptions.